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A.A. v. Bergen Catholic High Sch.

A.A. v. Bergen Catholic High Sch.

Superior Court of New Jersey, Appellate Division

June 9, 2021, Submitted; August 16, 2021, Decided

DOCKET NO. A-1053-20

Opinion

PER CURIAM

On December 17, 2020, we stayed a Law Division discovery order and granted third-party defendants Martin Asatrian and the Asatrian Law Group, LLC's request for leave to take an interlocutory appeal. R. 2:2-4. We now reverse the discovery order and remand.

For a five-month period in 2018, Asatrian and his firm represented plaintiff A.A. in an action against defendants Bergen Catholic High School, Newark Archdiocese, Brian Walsh, David Bell, Dominick Spataro, Timothy McElhinney, and Jack McGovern. A.A. alleged, among other things, that his high school wrestling coach, Bell, sent him inappropriate text messages. [*2]  After that time, A.A.'s representation was assumed by another law firm.

Approximately six months later, Bell filed a third-party complaint naming Asatrian and his firm as defendants, along with various other parties, asserting causes of action which included malicious use of process. Bell anchored the claims on statements Asatrian allegedly made during settlement discussions to the effect he knew A.A.'s claims were false, and knew that the lawsuit was frivolous.

On August 8, 2019, Asatrian's motion to dismiss the third-party complaint was "denied without prejudice pending the completion of discovery." A.A.'s underlying lawsuit was then in the early stages of discovery.

On May 22, 2020, Bell sought, through supplemental discovery demands, Asatrian's "cell phone records, [including] a log of calls and text messages sent and received, for the months of January, February, March, April, and May of 2018"—the months during which Asatrian had represented A.A. Asatrian refused.

Bell filed a motion to compel, and Asatrian cross-moved for a protective order. The issue was addressed on September 11, 2020, when the court conducted a case management conference addressing this and other disputes. The [*3]  judge granted Bell's motion to compel and denied Asatrian's application, stating only the following:

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2021 N.J. Super. Unpub. LEXIS 1737 *; 2021 WL 3610367

A.A.,1 Plaintiff, v. BERGEN CATHOLIC HIGH SCHOOL (CHRISTIAN BROTHERS), NEWARK ARCHDIOCESE, BRIAN WALSH, DAVID BELL, DOMINICK ("DONNIE") SPATARO, TIMOTHY McELHINNEY, and JACK McGOVERN, Defendants, and BERGEN CATHOLIC HIGH SCHOOL (CHRISTIAN BROTHERS), BRIAN WALSH, and TIMOTHY McELHINNEY, Third Party Plaintiffs-Respondents, and JACK McGOVERN, Third Party Plaintiff, v. HAROUYAN ASATRIAN, a/k/a HARRY ASATRIAN, DEANNA SARKISIAN-ASATRIAN, ANDREW T. MILTENBERG, individually, and NESENOFF & MILTENBERG, LLP, Third Party Defendants, and VARTAN ASATRIAN, a/k/a MARTIN ASATRIAN, individually, and ASATRIAN LAW GROUP, LLC, Third Party Defendants-Appellants, and DOMINICK SPATARO, Third Party Plaintiff, v. VARTAN ASATRIAN, personally and in his capacity as the attorney of record in this matter, and ASATRIAN LAW GROUP, LLC, Third Party Defendants-Appellants, and DEANNA SARKISIAN-ASATRIAN, HAROUYAN ASATRIAN, ANDREW T. MILTENBERG, personally and in his capacity as the attorney of record in the matter, DIANA R. WARSHOW, personally and in her capacity as the attorney of record in the matter, NESENOFF & MILTENBERG, LLP, Third Party Defendants, and DAVID BELL, Third Party Plaintiff-Respondent, v. VARTAN ASATRIAN, personally and in his capacity as the attorney of record in the matter, and ASATRIAN LAW GROUP, LLC, Third Party Defendants-Appellants, and DEANNA SARKISIAN-ASATRIAN, HAROUYAN ASATRIAN, ANDREW T. MILTENBERG, personally and in his capacity as the attorney of record in the matter, DIANA R. WARSHOW, personally and in her capacity as the attorney of record in the matter, NESENOFF & MILTENBERG, LLP, DAVID EISBROUCH, personally and in his capacity as the attorney of record in the matter, and EISBROUCH & MARSH, LLC, Third Party Defendants.

Notice: NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION.

PLEASE CONSULT NEW JERSEY RULE 1:36-3 FOR CITATION OF UNPUBLISHED OPINIONS.

Prior History:  [*1] On appeal from an interlocutory order of the Superior Court of New Jersey, Law Division, Bergen County, Docket No. L-1440-18.

CORE TERMS

discovery, text message, attorney-client, phone, log, settlement discussions, phone records, third-party, settlement, telephone, discrete, records